KHALID PAUL KHAWAJA, J.- On 16.1.1996 at Police Station B- Division Kasur a case under Section 302/34 PPC was registered against Fazal Hussain, Alaram and Arshad accused at the instance of Muhammad Iqbal complainant. It was alleged that Akram and Arshad inflicted injuries on Qalb-e- Hussan deceased the brother of the complainant with bride bat and an iron rod and that Fazal Hussain their father had exhorted them to teach a lesson to the deceased. The motive for the occurrence was stated to be that the deceased had asked Akram and Arshad accused not to cut dirty jokes with his female relatives.
2. Fazal Hussain accused, petitioner herein, who was arrested on 17.1.1996, has applied for his bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. Admittedly Fazal Hussain accused was empty handed and had not caused any injury either to the deceased or to any PW. Only a proverbial 'Lalkara' has been attributed to him. Perusal of the record Shows that Fazal Hussain accused had also received an injury on his head which is not explained in the FIR. According to the learned counsel for the accused it war the complainant party who had committed aggression on the accused party and had caused the said injury and that the concealment of the said injury was indicative of the fact that the complainant party was the aggressor.
5. The bail application has been resisted by the learned counsel for the State and the complainant.
6. Learned counsel for the complainant contends that Fazal Hussain accused was vicariously liable for the injuries inflicted by his co-accused.
7. Since Fazal Hussain accused has not inflicted any injury to the deceased or any PW in this case and only a proverbial 'Lalkara' has beer attributed to him he is entitled to the concession of bail. The question if ht was vicariously liable for the crime it will be for the trial Court to determination during the trial. Consequently this application is allowed and he is admitted to bail in the sum of Rs.
50,000/- with one surety in the like amount to th< satisfaction of A.C./Illaqa Magistrate, Kasur.